San Diego Criminal Attorneys Blog

Defending Against Burglary Charges in the State of California

Published on: October 30, 2015 | by Leslie Legal Group

If you have been charged with burglary in the state of California, it is important that you get in touch with a skilled and experienced California criminal defense attorney. If you are convicted, you will face jail time, fines, reputational damage, and other consequences. To convict you, the state’s prosecutor will have to prove each element of the crime of burglary beyond a reasonable doubt. A skilled attorney will explore every avenue with regard to reasonable doubt and mount the strongest possible defense on your behalf. The purpose of this article is to explain the elements of the crime of burglary and the nature of reasonable doubt.

Penal Code 459 PC Defines Burglary in the State of California

Burglary is one of the oldest crimes in the world. In the U.S., each state has a different statute defining the crime. In California, Penal Code 459 PC is the law that provides the state’s definition of burglary. It defines burglary as “entering a room, structure, or locked vehicle with the intent to commit a felony therein.” Under this definition the crime of burglary has two sides:

Defending Against Computer or Internet Crime Charges

Published on: October 23, 2015 | by Leslie Legal Group

Computer or internet-related crimes include fraud, embezzlement, identity theft, and sex crimes. If you have been charged with one of these crimes in the state of California, it is imperative that you reach out to a skilled and experienced California criminal defense attorney. To convict you of a computer or internet-related crime, the prosecutor must establish the elements necessary to make the causal connection between you and the alleged wrongdoing. An experienced attorney will explore all avenues of reasonable doubt with regard to the elements of the criminal charge. With your freedom and reputation at stake, rely on a skilled attorney to defend you against the charges levied by the state.

Computer fraud is prohibited on both state and federal levels. On the federal level, the crime is codified by the Computer Fraud and Abuse Act (CFAA). Under the law, computer fraud occurs when the following four elements are proved:

The defendant has accessed a protected computer;

Defending Against Identity Theft Charges in the State of California

Published on: October 16, 2015 | by Leslie Legal Group

Identity theft is one of several computer or internet-related crimes in the state of California. If you are convicted of identity theft, you face penalties of fines, jail time, and reputational damage. As such, it is important that you rely on the skill and expertise of an experienced California criminal defense attorney.

On the rise in the digital age, identity theft is an increasingly common crime in California and elsewhere in the United States. In California, identity theft is governed by Penal Code 530.5 PC. Under the law, it is illegal to willfully obtain personal identifying information of another person for any unlawful purpose. As with any criminal statute, it is necessary to unpack every word. “Willful” is synonymous with words like “intentional” and “purposeful.” To act willfully, then, is to act with purpose. In other words, if you are prosecuted for identity theft, the prosecutor must prove that you intended to steal the identity of another person – that it did not occur by accident.

“Personal identifying information” is the next string of key language in the statute. It includes things like social security numbers, credit card information, driver’s license numbers, pin numbers, pass codes, answers to security questions, date of birth, phone number, address, and more. Basically, personal identifying information is the kind of information that allows one to verify his or her identify, make financial transactions, and travel by plane.

Raising Reasonable Doubt to Defend Against a Charge of Prostitution

Published on: September 30, 2015 | by Leslie Legal Group

Perhaps more than other criminal charge, prostitution showcases the difficulty of proving the guilt of the accused beyond a reasonable doubt. This standard of proof is difficult to meet for most criminal charges – much more so than lesser “by a preponderance of the evidence” – and especially for prostitution. If you have been charged with the crime of prostitution in the San Diego area, it is imperative that you reach out to an experienced San Diego criminal defense attorney who is skilled in countering efforts by the state to meet the standard of proof.

The California Penal Code Criminalizes Both Prostitution and Solicitation

California Penal Code Section 653.20-653.28 prohibits prostitution in the state of California. Under the law, the prostitute, customer (sometimes referred to as a “john”), and, if there is one, middleman (“pimp”) may be arrested and prosecuted. In terms of the act or acts prohibited, the law applies both to sex act itself and the offering or agreeing to engage in the act of prostitution. The latter half of the law’s applicability – the mere offering or agreeing – criminalizes even the solicitation of prostitution. In the other words, the act itself need not be consummated – it is enough that an offer or agreement be made.

Expungement of Criminal Convictions is Straightforward in California

Published on: September 25, 2015 | by Leslie Legal Group

Expungement is a legal process by which prior criminal convictions are cleared from one’s criminal record. The motivation for expunging past convictions is removing the kind of barriers a negative criminal history places before many educational and employment opportunities. Many schools and employers will decline to admit or hire an individual with a criminal record, especially if it contains felony convictions. Fortunately, the law has put in place a mechanism, albeit subject to a number of requirements, for clearing one’s criminal record: expungement. Individuals interested in expunging criminal convictions from their record for the sake of the better future that education and employment brings will benefit from speaking with an experienced California expungement attorney about their specific circumstances.

Understanding the Requirements for Expungement in California

In California, expungement is governed by Penal Code 1203.4. The ability of this process to clear one’s criminal record of prior convictions seems almost too good to be true. Though expungement is a real legal process that has helped many individuals on the way to obtaining the educational and employment opportunities they need for a better future, there are a number of important requirements that must be understood. First, expungement is not available to individuals who were sent to state prison following conviction, or later as the result of a probation violation. Expungement, whether for a misdemeanor and felony conviction, is only available to individuals who were not sent to state prison, who successfully completed probation, and were not convicted of one of four enumerated crimes that shall never be expunged. To successfully complete probation is to abide by and complete all terms of probation, including fines, counseling, community service, and any other restitution ordered by the court. Additional, successful completion of probation requires the attendance of all required court appearances, either personally or through one’s attorney. Finally, as common sense dictates, successful probation requires that one does not commit any new crimes while on probation.

Dealing with Drug Possession Criminal Charges in the State of California

Published on: September 18, 2015 | by Leslie Legal Group

Criminal drug possession is a serious matter in California. The severity of the offense depends, in part, on both the nature of the drug at issue and whether possession is accompanied by intent to sell. Individuals charged with either simple possession or possession with intent to sell should discuss the protection of their rights with a skilled California criminal defense attorney.

Drugs are Classified as Controlled Substances in California

Drugs are termed “controlled substances” by California law. Because there is a wide array of controlled substances, they are grouped into a number of classifications. The body of law that defines and groups controlled substances in the California Health and Safety Code. It prohibits the possession of certain controlled substances absent a valid medical prescription. The CHSC defines a controlled substance as any drug or chemical whose manufacture, possession, and use are regulated by the U.S. government in accordance with the U.S. Controlled Substances Act. In this way, California law integrates aspects of federal law.

Defending Against a Criminal Concealed Weapons Charge in California

Published on: September 11, 2015 | by Leslie Legal Group

In California, it is illegal to carry a concealed firearm on your person or in a vehicle. The law criminalizing the carrying of a concealed weapon is California Penal Code 24500 PC. Depending on the circumstances, such as an individual’s criminal history and whether the firearm was loaded in addition to being concealed, the punishments stemming from a conviction may be serious. Substantial fines and jail time are very real possibilities. As such, it is imperative that individuals charged with the crime of carrying a concealed weapon in the state of California consult with a skilled and experienced California criminal defense attorney.

Understanding Firearms and Concealment

Most everyone knows that the word “firearm” is synonymous with the word “gun.” California’s concealed firearms statute covers all terms for firearms and all types of firearms that are capable of being concealed on one’s person or in a vehicle. Specifically, California Penal Code 16520(a) defines “firearm” as a “device designed to be used as a weapon from which is expelled through a barrel a projectile by the force of an explosion of other form of combustion.” Among the two most common types of firearms are the pistol and the revolver.

Assault With a Deadly Weapon is a Serious Criminal Charge in California

Published on: September 4, 2015 | by Leslie Legal Group

In the state of California, there is a crime termed “assault with a deadly weapon.” Codified by California Penal 245 PC, assault with a deadly weapon occurs when at least one of two criteria is met – a California assault that is committed with a “deadly weapon,” or a California assault that is committed with a level of force that is likely to produce great bodily injury. For individuals in the San Diego area who have been charged with assault with a deadly weapon, it is imperative to understand the nature and potential consequences of a conviction and to retain the services of a skilled and experienced California criminal defense attorney.

What Makes a Weapon Deadly in the State of California?

The first question asked when contemplating the charge of assault with a deadly weapon in the state of California usually pertains to what distinguishes a “deadly” weapon from a non-deadly weapon. California law, as one might expect, makes the differentiation. In California, a “deadly” weapon is any object, instrument, or weapon that is used a way that renders it capable of producing, and likely to produce, death or great bodily injury. Of course, the language here breeds further questions. What is “great bodily injury?” Used in what way? What objects, instruments, or weapons? Guns and knives come to mind quickly, but the list of deadly weapons contains many more items that just these two. For example, even a bottle or pencil, if used to attack someone, may rise to the level of deadly. This is because the law considers more than just the nature of the object in question; it also considers the purpose with which the object is used. Thus, an ordinary object such as a screwdriver, for instance, may be deemed a deadly weapon if used for the purpose of causing great bodily harm.

High Stakes Under California’s Three Strikes Law

Published on: August 31, 2015 | by Leslie Legal Group

If you have been charged with a crime in the state of California, you may face doubly serious consequences if you already have a felony conviction on your record. This is because California has a Three Strikes sentencing law on its books. Enacted in 1994, the law was intended to deter repeat offenders by levying increased punishment on subsequent serious felonies. Specifically, at its inception, California’s Three Strikes law required that a defendant convicted of a second, third, or other felony to be sentenced to a prison term twice the length ordinarily provided for the crime. The “strikes” model is one of escalation – the more strikes on one’s criminal record, the greater the punishment. While a second felony strike doubles the stakes, a third may triple them or worse. Upon receipt of a third strike via conviction of a serious felony following two or more previous such convictions, a prison term of at least 25 years to life is to be doled out by the state. Since 1994, California’s Three Strikes sentencing law has been subject to some important amendments. Now, as then, it must be said, the law is serious business. As such, individuals facing a potential second or third strike would do well to rely on the skill and expertise of California criminal defense attorney.

Understanding the Difference Between a Felony and a Serious Felony

Language matters in lawmaking. When the California legislature crafted the Three Strikes law in 1994, it was concerned with “serious” felonies. This may create some confusion, as it is common knowledge that a felony is already termed as such to designate a crime more serious than a misdemeanor. What, then, constitutes a serious felony? The following list makes clear the crimes that are regarded as serious, and thereby triggering the Three Strikes law, by the state:

Sean “Diddy” Combs to Avoid Assault Charges

Published on: August 25, 2015 | by Leslie Legal Group

During a dispute over his son, rapper Sean “Diddy” Combs allegedly attacked an assistant UCLA football coach and a UCLA intern by swinging a kettlebell at them. Combs was accused of assault with a deadly weapon as well as making criminal and terrorist threats and battery by UCLA police. Combs says that he was defending himself and his son Justin. His son, Justin Combs, is a redshirt on the UCLA football team.

The confrontation allegedly happened after UCLA conditioning coach Sal Alosi told Justin to get off the field during a summer workout. Later that same day, Justin and Sean Combs walked into his office, and the conversation became heated. Sources say that Combs allegedly grabbed a kettlebell and swung it around.

Nathalie Mora, a representative for Combs Enterprises, provided a statement that said, “The various accounts of the event and charges that are being reported are wholly inaccurate. What we can say now is that any actions taken by Mr. Combs were solely defensive in nature to protect himself and his son.”